AGREEMENT OF LEASE

NYC 9/11 Public Portal Document

not be liable for sales tax on electricity furnished to the Demised Premises, the Tenant shall not be liable for sales tax on utility bills applicable to the Demised Premises. The rates shall be revised at every rate change made by the public utility company (or successor thereto). Upon request, the Landlord shall provide copies of the Building’s utility bills to the Tenant. (c) "Tenant’s Cost" shall mean the product of (i) Usage multiplied by (ii) Landlord’s Rate. (C) Landlord shall, from time to time but not more often than monthly, furnish Tenant with an invoice indicating the period during which the Usage was measured and the amount of Tenant's Cost payable by Tenant to Landlord for such period. Within five (5) days after receipt of each such invoice. Tenant shall pay the amount of Tenant's Cqst set forth thereon to Landlord as additional rent. In addition, if any tax is imposed upon Landlord by any municipal, state or federal agency or subdivision with respect to the purchase, sale or resale of electrical energy supplied to Tenant hereunder. Tenant covenants and agrees that, where permitted by law, a portion of such taxes (based on the amount of Tenant's Cost as applied to the appropriate tax rate) shall be passed on to, included in the bill to and paid by. Tenant to Landlord, as additionaJ rent.

(D) Landlord shall not in anywise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable to Tenant's requirements.

(E) Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant's approved Final Plans for initial occupancy, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures; equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises. At any time, and from time to time. Landlord and/or its representatives shall have the right, to'inspect the Demised Premises to identify all electrical equipment being utilized therein.

(F) Tenant covenants and agrees that at all times its use of electric current shall never exceed the service set forth in Paragraph A and the capacity of the then existing feeders to the Building or the risers or wiring installation. Landlord shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Tenant's sole cost and expense, in an amount equal to Landlord’s cost. All lighting tubes, lamps, bulbs and ballasts so instiled shall become Landlord's property upon the expiration or sooner termination of this Lease.

(G) In the event the metering system installed for the measurement of electricity consumption in the Demised Premises or any alternative submetering system installed by

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NYC-WTC_000167098